BOISE, Idaho (Legal Newsline) – Idaho lawmakers have won a fight over territory with the state’s treasurer, as a Jan. 26 ruling from the state Supreme Court will evict Julie Ellsworth from her office.
This is as a result of a lawsuit by Speaker of the House Scott Bedke and Senate President Chuck Winder, who say state law allows them control of the first floor of the state Capitol. Idaho’s justices agreed in an opinion written by John Stegner.
Treasurer Ellsworth said an agreement with by former Gov. Butch Otter in 2007 allowed the Treasurer’s office to remain on the first floor. Ensuing legislation said the legislature would determine how to use the first, third and fourth floors of the building.
That legislation controlled the dispute with Ellsworth, the court ruled.
“(E)ven if we were to consider the alleged agreement between the 2007 legislative leadership and then-Governor Otter, the letters in the record comprising the purported agreement seem to indicate that no concrete terms were ever agreed upon,” Justice Stegner wrote.
“The presiding officers and Governor Otter appeared to disagree on the length of time the Treasurer’s office would remain in its historic location.
“Further, no provision was included in the text of the statute memorializing the agreement, and the statute was passed by the Legislature and became law, albeit without Otter’s signature. If Otter had wanted to ensure that the Treasurer’s office would remain on the first floor permanently, he could have exercised his constitutional power to veto the bill until such a provision was included.”
Idaho’s legislature says it needs more office space. Ellsworth refused to vacate her office.